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  • clif
    06-12 07:56 AM
    If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?

    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!




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  • nav_kri
    04-01 08:09 PM
    Yes, the info is right

    Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html

    Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.




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  • poorslumdog
    09-04 03:38 PM
    If at this rate the people are dying, In 1-2 years every one will be finished.
    Do they die because of RAT FEVER, SLUM DOG FEVER, MONKEY FEVER or SWINE FLUE ???

    Man...you rock




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  • smileyslimey
    11-30 01:42 PM
    Thanks to everyone who responded.
    Appreciate your advice.
    regards.



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  • phillyag
    07-20 02:01 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?




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  • sanjay02
    07-25 07:36 PM
    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.

    Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?



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  • uma001
    08-13 02:51 PM
    What if


    India is going to charge
    IBM,
    Accenture,
    EDS,
    Microsoft,
    Google,
    Cisco,
    Intel,
    Motorola,
    Facebook,
    Goldman Sachs,
    Morgan Stanley,
    etc., companies to fund for securing all state borders and states from bomb blasts from terrorists.They do not know how much they want to collect. Still counting , because India had heavy losses because of these blasts.




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  • apahilaj
    07-19 07:41 AM
    Hi Dazed, thanks for your response. I checked the filing instructions on 485 form and it does not mention I 134 form any where. I did not file this form since my lawyer never asked me to do so.

    Do you or anyone in this forum know, what happens to the application in that case, RFE, etc?

    Thanks again.



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  • gcformeornot
    04-07 01:27 PM
    In very basic terms.

    If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.

    Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....

    Mind you this is all relates to pre July 2007.




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  • DesiGuy
    08-18 08:11 AM
    in general, i agree with what akkarkarla says.

    my personal view, i have NOT seen any type of discrimination. not saying it does not exist but just saying that i have not experienced it firsthand or seen anyone else being discriminated against.

    also, london itself is lot more cosmopolitan than any other city i have seen (and i have see quite a few).

    again, anyone thinking of moving should go to the site i mentioned and read throught he topics; there's one on life after HSMP.

    Many of the guys who come the guys who come from less (or under) developed countries find it difficult to find a good job, but ppl with US experience who are exposed to the Western way of work (& life) should have an advantage and should not have much problems.

    cheers

    One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.

    Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.

    Thirdly, there is difference in the way the Operations are done, Process and procedures followed.

    As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.

    Einen sch�nen Tag noch!



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  • vagish
    04-27 10:36 PM
    This one is from Mathew Oh:

    04/27/2007: Disappointing News of Sponsor's No Immediate Push for Hagel High-Tech Temporary Relief Bill

    The Senator from Nebraska introduced earlier High-Tech Worker Relief bill. The employment-based immigrant community and the businesses and academic institutions had some level of hope and expectation that this bill might be acted upon as separate from the CIR. However, there is a report that Senator Hagel stated that the Senator introduced the bill intended to be handled as part of the CIR legislation process. It thus appears that all the bills which have been introduced recently were also intended by the bill sponsors to be debated and reflected in the CIR legislation process in May in the form of amendments. There we go. The Senator yesterday introduced S.1225 for the illegal immigration reform part of his own comprehensive immigration reform scheme under the name of Immigrant Accountability Act of 2007. Probably more immigration reforms bills may be introduced by other legislators before and during the Comprehensive Immigration Reform debate in the Senate next month. As we summarized on 04/22/2007, there have been developing compromises along the lines of key issues which we highlighted in the posting and media start predicting that because of these compromises, the CIR may have a better chance to pass this year than last year.
    Well, we are only inches away from the door steps of May 2007. After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.
    actually there can be no more disappointing news for us, as we sitting at the rock bottom , at the worst things could stay as they are if not improved.
    we also are use to these kind of disappointments from our past experience,
    it does not matter any more how many bills are going to tabled, because ultimately on CIR will have any chance if any for a debate.

    thanks




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  • ksircar
    02-15 10:05 AM
    I like the idea. But, when I had raised a similar issue before, some member called it "like begging at Indian Temples".

    I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.



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  • galacticman
    03-05 06:29 PM
    Coopheal, what was the filing date for your 485? I take that it went to NSC? I'm a mid July '07 filer and am hoping for LUD's since processing times are current for that month. Offcourse it would be preadjudication like yours since my PD is so far from being current. Luckily my 140 was approved last year prior to 485.




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  • jonty_11
    01-22 12:52 PM
    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK
    what does your lawyer say????



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  • gxr
    10-12 09:50 AM
    Naresh/Libra,

    What was the LUD on your I-140 before you got the RFE ?
    In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.

    gxr




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  • santa123
    07-17 12:51 PM
    Anyone??



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  • vnsriv
    11-16 01:27 PM
    Nov' 07 Processing times are not posted yet

    USCIS is always slow




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  • reddymjm
    02-22 10:24 PM
    in this dream land my friend.




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  • neogator
    01-19 05:17 PM
    If they were famous, popular, talented etc etc....wouldn't they be EB1 rather than EB3 .




    snathan
    05-20 06:19 PM
    Not favoring Wipro or quitting person here. General comment..

    we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.

    they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?

    Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.

    Be practical, thinking peacefully. All the best.

    They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...




    GotGC??
    06-21 09:22 AM
    Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?


    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.



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